Legal Question in Wills and Trusts in Massachusetts

When I was eleven yrs old my mother was killed by her husband. Me and my siblings moved with my aunt. My aunt mistreated us badly and we all three eventually was placed in the states custody. While we were in the custody of the state my aunt collected our survivors benefits money. Now that i am of age I would like to remove my aunt as the executor of my mothers estates so she will not be able to collect anything on my mothers behalf? How do I remove her as the executor?


Asked on 12/17/13, 6:24 am

1 Answer from Attorneys

Steven Hemingway Grolman LLP

If she is in fact the executor (now personal representative) of an open estate, you could petition to be appointed and have her removed. But as this has been going on for some time, I wonder if perhaps the assets are being kept in trust with your aunt as trustee. In that case, you could request an account. If it looks wrong or if she fails to produce one, you could seek to remove her as trustee.

I suggest you first sit down for a free face-to-face consult with an attorney so you can lay out all the facts and show him any documents you have. This will allow the attorney to give you specifics as to what the next steps are.

I handle these matters frequently and would love to meet with you. You can call me at 617-859-8966 or email me at [email protected].

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Answered on 12/17/13, 6:29 am


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